“Lenders passed around the deed to Vargas’ house as if it were a whiskey bottle at a frat party”
Jp MORGAN CHASE BANK, N.A. f/k/a Jp
MORGAN CHASE BANK f/k/a THE CHASE
MANHA TTAN BANK, AS TRUSTEE,
against
INDI flRA RAMIREZ, JOSEPH JAMES, KEISH
McCLOUD a/k/a KEISHA McLEOD, MYRNA
JAMES, NORTH FORK BANK,
Excerpt:
Finally, a court may vacate a note of issue at any time on its own motion if it appears that a material fact in the certificate of readiness is incorrect (see, 22 NYCRR 202.21 [e]; Simon v City of Syracuse Police Dept., 13 AD3d 1228, 787 NYS2d 577 [4th Oept 2004], Iv dismissed 5 NY2d 746, 800 NYS2d 375 [2005]). Here, based on the evidence submitted with the moving papers and the confusion regarding plaintiff’s standing and prosecution of this foreclosure action, the Court concludes that the certificate of readiness contains a misstatement of material fact, namely, that
disclosure is complete and the action is ready for trial. Accordingly, the Court, sua sponte, vacates the note of issue filed by plaintiff and strikes this action from the trial calendar (see 22 NYCRR 202.21 [e]).
SUPREME COURT – STATE OF NEW YORK
I.A.S. PART XXXVI SUFFOLK COUNTY
Plaintiff, PLAINTIFF’S ATTORNEY:
STEVEN J. BAUM, P.C.
220 Northpointe Parkway, Suite G
Amherst, New York 14228
WELLS FARGO BANK, N.A.,
-against-
SUNNY ENG, SHIRLEY ENG, HTFC
CORPORATION, JANE ENG,
DEFENDANTS’ ATTORNEY:
LAW OFFICES OF CRAIG D. ROBINS
Woodbury, New York 11797
Defendants. 180 Froehlich Farm Blvd.
……………………………………………………….. X
Excerpts:
The Court notes that the same law firm, Steven J. Baum, P.C., represented both HTFC and Wells Fargo as plaintiffs.
Moreover, Mr. Wider avers that “Jeffrey Stephan,” who purportedly executed the assignment as “Limited Signing Officer” of HTFC Corporation, has never been an employee of HTFC and that such person was never authorized to act as a “Limited Signing Officer” on behalf of HTFC for any purpose.
Wells Fargo does not have standing to maintain and prosecute this action to foreclose defendants’ mortgage. Plaintiffs have failed to come forward with any evidence to substantiate its claims herein or to raise a triable issue of fact. Indeed, the affirmation of plaintiffs attorney, sworn to September 8, 2010, reflects that plaintiff has been unable to locate any documents substantiating plaintiffs “belief’ that “its servicer had the authority to execute any and all documents attendant to the transfer of the loan.”
Continue below to see both the Decision, Assignment in question…
PLAINTIFF’S ATTORNEY:
STEVEN J. BAUM, P.C.
P.O. Box 1291
Buffalo, New York 14240- 1291
Wells Fargo v. Oleg Dmitriev
Plaintiffs application is defective because there is no “affidavit made by the party” of “the facts constituting the claim, the default and the amount due” as required by CPLR §3215(f). The proffered “affidavit of merit and amount due” of Jeffrey Stephan identifies him as “the Limited Signing Officer of GMAC MORTGAGE LLC, servicer,” but no proof of Mr. Stephan’s authority to execute such affidavit on behalf of plaintiff is offered. The proffered affidavit does not otherwise comply with the requirements of CPLR $2309(c) for an out-of-state affidavit. In addition, the facts and dates recited in the affidavit regarding the consolidated mortgage and consolidated note that are the subject of this floreclosure action are at variance with the underlying documents.
In light of the foregoing, the motion for an order of reference is denied, without prejudice to renewal on proper papers.
Proposed order of reference marked “not signed.”
Dated: March 16, 2009
I go through hundreds of cases each week and I have been saving this one for a rainy day. We’ll it’s raining today.
SUPREME COURT – STATE OF NEW YORK I.A.S. PART XXXVI SUFFOLK COUNTY PRESENT: HON. PAUL J. BAISLEY, JR., J.S.C.
DATED: MAY 10. 2010
The Court is at a loss to understand how a purported “correcting assignment” can be executed eight days before the assignment it is purporting to correct. Moreover, the Court is at a loss as to the identity of the true holder of the mortgage at the time of the commencement of the action (irrespective of any arguments regarding the validity of the purported assignment(s) by MERS as nominee of the original mortgagee; see, for example, US Bank, N.A. II Collymore, 200 NY Slip Op 09019 [2d Dept 2009]), While it is well established that any issues as to a plaintiff’s standing to commence a foreclosure action are waived by the defendant-mortgagor’s failure to appear and answer (HSBC Bank v Dammond, 59 A03d 679 l2d Sept 2009]), the contradictory and conflicting submissions on this motion implicate far more than the more issue of “standing.” Indeed, the submissions appear to have been drafted with utter disregard for the facts, or for counsel’s responsibilities as an officer of the Court, and border on the fraudulent.
In the the circumstances, the motion, which is unsupported either factually or legally, is denied in all respects. Moreover, in light of the failure of the movant to establish that any party was in fact the holder of the mortgage (and the underlying note, see KLuge v Fugm:y, 145 AD2d [2d Sept 1988J) at the time of the commencement of this action – an omission that in the circumstances may not be corrected by mere amendment — the Court, on its own motion, hereby directs the plaintiff to show cause why the complaint should not be dismissed; and further directs Steven J. Baum, P.c. and Heather A. Johnson, Esq., the attorney of record for the plaintiff in this action and the scrivener of the affirmation referred to above, to appear before the undersigned on June 24, 2010 at II :00 a.m. to show cause why sanctions should not be imposed on plaintiff and/or its attorney(s) for frivolous conduct pursuant to 22 NYCRR §130-1.1 (c).
![[NYSC] STEVEN J BAUM PC UNABLE TO LOCATE WELLS FARGO AUTHORITY TO EXECUTE TRANSFER OF ANY LOAN DOCUMENTS](https://stopforeclosurefraud.com/wp-content/themes/gazette/thumb.php?src=wp-content/uploads/2010/11/questionauthority.jpg&w=100&h=57&zc=1&q=90)
I go through hundreds of cases each week and I have been saving this one for a rainy day. We’ll it’s raining today.
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